A.K Goswami, J.

Heard Mr.J.Deka, learned counsel for the petitioner. Also heard Mr. U B Sarma, learned counsel appearing for Respondents No.1 to 5. None appears for the Respondent No.6.

2. By this application, the petitioner calls into question the legality and validity of the order dated 27.8.2004 passed by the learned Civil Judge (Sr.Division) No.1, Kamrup, Guwahati in T.S.No.162/2003, whereby prayer for adjournment of cross-examination of PW1 and PW2 was rejected, thus closing their cross-examination.

3. The petitioner, as plaintiff, filed a suit for damages and compensation for defamation and permanent injunction against the present respondents no.1 to 5, who were defendants no. 1 to 5 in the suit. The suit was registered as T.S.No.162 of 2003.

4. By an order dated 8.3.2004, while rejecting the application of the defendants no.1 to 5 for granting time to file written statement, the learned trial court directed that the suit would proceed ex-parte against them and fixed 3.4.2004 for evidence of witnesses of the plaintiff on affidavit at a time. It appears that plaintiff prayed for time on 3.4.2004, 14.5.2004 and 25.6.2004 for filing the evidence on affidavit of his witness